[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR40.9]

[Page 730-731]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 40--INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF VETERANS AFFAIRS 
PROGRAMS AND ACTIVITIES--Table of Contents
 
Sec. 40.9  Comment receipt and response to comments.

    (a) The Secretary follows the procedures in Sec. 40.10 if:
    (1) A State office or official is designated to act as a single 
point of contact between a State process and all Federal agencies, and
    (2) That office or official transmits a State process recommendation 
for a program selected under Sec. 40.6.
    (b)(1) The single point of contact is not obligated to transmit 
comments from State, areawide, regional or local officials and entities 
where there is no State process recommendation.
    (2) If a State process recommendation is transmitted by a single 
point of contact, all comments from State, areawide, regional, and local 
officials and entities that differ from it must also be transmitted.
    (c) If a State has not established a process, or is unable to submit 
a State process recommendation, State, areawide, regional and local 
officials and entities may submit comments either to the applicant or to 
VA.
    (d) If a program or activity is not selected for a State process, 
State, areawide, regional and local officials

[[Page 731]]

and entities may submit comments either to the applicant or to VA. In 
addition, if a State process recommendation for a nonselected program or 
activity is transmitted to VA by the single point of contact, the 
Secretary follows the procedures of Sec. 40.10 of this part.
    (e) The Secretary considers comments which do not constitute a State 
process recommendation submitted under these regulations and for which 
the Secretary is not required to apply the procedures of Sec. 40.10 of 
this part, when such comments are provided by a single point of contact, 
by the applicant, or directly to the VA by a commenting party.

(Authority: 42 U.S.C. 4231(b))